Wesley R. Elsberry posted Entry 1481 on September 14, 2005 10:55 PM.
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Dr. Eugenie Scott of the National Center for Science Education put a comment on a thread here that delivers some interesting news on the nuisance lawsuit filed earlier this year: it was never served on NCSE, and in fact was withdrawn in July, although the filer failed to notify NCSE of this action.
This is not the first time that Mr. Caldwell has claimed that I maliciously wrote in the California Wild article that he submitted YEC books to the district. Castigating me for my not having explained the source of that error is is disingenuous. After Mr. Caldwell filed suit against NCSE and me personally, my lawyer advised me to not make any public statements. And of course Mr. Caldwell has threatened some members of PT and PT itself for linking to the CW article, is sueing the Roseville school district, and also attempted to subpoena NCSE’s records in regards to THAT lawsuit – you get the picture. The advice seemed prudent. Not being able to speak out has chafed greatly, as NCSE staff and my family are very aware. I have long wanted to get the truth out about Mr. Caldwell’s claims, but have been hampered by his own actions in suing me, and twice threatening to sue the California Academy of Sciences.
However, we have just discovered that Mr. Caldwell has dismissed the lawsuit against us – way back in July, in fact! He had sent us a settlement offer, we replied, and my lawyer and I have been waiting for his response to our reply– but we have heard nothing from him. In fact, although he filed the suit in April, he never even bothered to formally serve me with notice of his legal action! Now, shortly after receiving our reply to his settlement offer, he has moved to dismiss the lawsuit.
He never informed us that he had dismissed the case (which is apparently not legally required, but certainly would have been courteous) and thinking that I was still under the advice of my counsel to maintail silence, I have remained mute. This should not be mistaken for any acquiescence to Caldwell’s claims, nor certainly lack of confidence in the strength of our legal position! But you can’t take certain actions until certain procedural events take place – one usually gets served when one gets sued, for example, and then the clock starts ticking for response. We’ve been waiting around for Caldwell, but I’m happy to say that since he dismissed his lawsuit, I am not longer under those constraints.
Although we are very busy right now getting ready for the Dover trial, which certainly takes precedence over a nuisance suit, however personally annoying this has been, I will soon explain fully the actual facts of the Caldwell vs Scott lawsuit, as contrasted with the distorted version presented by Caldwell here, in Caldwell’s press releases, and in the religious right media echo chamber.
That we would not be able to “defend <ourselves> in court” is laughable, as anyone who reads the corrected version of the article on NCSE’s web site will quickly see: Corrected article
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